Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Open Letter to General Prosecutor of Republic of Kazakhstan on subject of television and radio broadcasting

8 august 2012
August 08, 2012

General Prosecutor of the Republic of Kazakhstan

A. K. Daulbayev

Open Letter

Dear Prosecutor General Daulbayev,

The first tender, concerning inventory of channels for digital terrestrial broadcasting should be carried out on August 09, 2012 in Astana. We think that outputs of this tender will restrict the constitutional right of Kazakhstan's citizens to obtain the information and rights of subjects of private business (in particular, regional television channels).

This tender is premature one and its conditions are defined with gross violations of the current law of the Republic of Kazakhstan, in particular, law "On Television and Radio Broadcasting" of the Republic of Kazakhstan.

Currently, digital on-air broadcasting is implemented in experimental order, only in five towns of Kazakhstan- Astana, Almaty, Karaganda, Zhezkazgan and Janaozen. But, there was an announcement of the tender all the country round. Why, and for whose benefit such a hurry?

All television channels should participated in this tender, according to conditions. It contravenes to p. 4 article 42 of the law "On Television and Radio Broadcasting", operating television channels were included in digital package in a mandatory manner and free of charge basis. The tender should be conducted only, for new broadcasters and those, who desired to enlarge the zone of signal propagation, or television channels, which had no analogous frequencies. Operating television channels will have no any guarantees, reported in p.4 under article 42 of law "On Television and Radio Broadcasting" during forced participation in tender.

Prematurity and insufficient holding of a tender, selective notification of the potential participants; vagueness of definition of its conditions, a lack of the proper information and explanation on the part of Committee of Information and Archives of Ministry of Culture and Information of the Republic of Kazakhstan make conditions for bias of its results. As a result of it some private regional television channels will be closed and information resources for population will be reduced.

We demand to take measures specified, according to current law of the Republic of Kazakhstan, related to protection of legal rights of citizens and subjects of the television and radio broadcasting, cancel the tender or admit its results invalid.

Executive Director of the National Association of Television and Radio Broadcasting of Kazakhstan Sholpan Zhaksybayeva, President of International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva and Executive Director of "Internews – Kazakhstan" Marzhan Elshibayeva.
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